By otmseo on January 31, 2012

Police Can’t make Arrests Outside their Jurisdiction

In People v. Contreras, 2011 Il App (2d) 100930, the appellate court held that the defendant’s arrest by Chicago Police Officers in Will County for a crime that occurred in DuPage County was improper as the police officers lacked authority to execute an extrajudicial arrest of defendant.

Citing a number of statutes, the court basically found that a police district includes any municipality adjoining the arresting agencies police district. 65 ILCS 5/7-4-8. It also cited the statue that allows any person, a police officer, or private citizen, to make an arrest for an offense other than a municipal ordinance violation. 725 ILCS 5/107-3. Illinois courts have, however, held that when police obtain information by use of their police powers, such as radar guns, that information does not provide them with the authority to make an arrest. In other words, the police cannot use information they obtained because they are police officers to make “citizens arrests” outside of their jurisdiction.

The court then looked to two other sections which could possibly give the police authority to arrest. Sections 107-4(a-3)(1) and (2). Section (1) allows the police to make an arrest if the investigation is for an offense that occurred in the officer’s primary jurisdiction. This of course was not applicable here, became the Chicago police officers were not investigating an offense that occurred in Chicago. Section (2) allows the police to make an arrest if they become “personally aware” of the commission of a felony or misdemeanor. Here the court found that the officers were not personally aware that the defendant committed an offense but only learned that defendant maybe involved in criminal activity because of their use of police radios.

Therefore the court found that the evidence should be suppressed